that was brown versus the board of education. or interracial marriage. that was a case called loving versus virginia. they were very slow to move on some of these as they watched the states move in one direction. that's when the supreme court finally moved. in this case you have something like 41 states that in one form or another have said no to same-sex marriage, so there's a question as to whether the country is ready. that is another reason that we're sort of looking at this and saying we'll see. >> i wonder if the court takes into account on the shifting views on all of this. i want you to check this out, this cmn national exit poll in november's election. 49% saying that same-sex marriage should be legal in their state, compared to 46% who said it should not. the public pretty much divided on this, but seems to be swaying towards approval. do they look at these kinds of things? >> not so much, i don't think, but, again, it's the question of where the country is moving and where the law is moving more than anything else. i would imagine if the supre